How Q Manivannan became an MSP despite having a temporary visa

It is unclear whether a Scottish Greens MSP who was elected to Holyrood last week will be able to serve a full term.

Q Manivannan, who was elected as an Edinburgh and Lothians East regional MSP, is in the country on a temporary student visa, set to expire later this year.

It has raised questions about who can and can’t serve in the Scottish Parliament.

Yet Manivannan’s candidacy was perfectly legitimate, after MSPs in the last session unanimously agreed a change in law which extended candidacy rights to foreign nationals with limited leave to remain.

While Manivannan, who comes from India, would not be able to stand to be a Member of Parliament at Westminster, the Scottish Elections (Representation and Reform) Act allows people on visas to stand for both Holyrood and local government. 

The change in law followed a government consultation looking at extended candidacy rights to everyone who is eligible to vote in Holyrood and local elections. The only two groups who at the time had a vote but could not stand were foreign nationals with limited leave to remain, and 16- and 17-year-olds.

The Scottish Government concluded it would change the law to allow the former group to stand, despite it not being a “favoured course of action” by those who responded to the consultation. It decided against allowing 16- and 17-year-olds to stand, though, citing “potential exposure of young people to intimidation” and practical issues such as working hours.

In the policy memorandum published alongside the bill in January 2024, the government acknowledged that “if elected, a person’s leave to remain may expire during their term of office”.

But during the final debate in parliament in December 2024, it was argued that this should not bar a person from office. Then parliamentary business minister Jamie Hepburn said that it would be “for the electorate to decide whether someone with limited leave to remain can represent them adequately”.

However, as some have highlighted in the days since Manivannan’s election, there are questions about whether list candidates end up being scrutinised less than constituency ones. While the mixed-member system is an established and accepted part of Holyrood, it is also true that the electorate have little control over who is selected for those regional lists as this power lies entirely in the hands of the political parties.

Further questions about Manivannan’s eligibility to work have stemmed from the restrictions attached to a student visa. These limit holders to working no more than 20 hours per week. How would Manivannan be able to fulfil the duties of an MSP on part-time hours?

A change made by the Home Office in 2022 made it clear that public office is not considered employment for the purpose of immigration rules – and so such restrictions on working hours do not apply to Manivannan here.

But the rules are also clear that those who become an MSP or councillor must still fulfil the conditions of their visa. As Manivannan is on a student visa that is due to expire soon, having finished a PhD, an application for a new visa will be necessary.

A statement released by the Scottish Green Party yesterday confirmed Manivannan is in the process of applying for a graduate visa. This would last for three years – therefore providing some breathing room, but not enough to cover the full five-year term.

“I am also applying for a Global Talent Visa, recognising my contributions to the country, which will allow me to stay in the UK for the entire of my parliamentary term and beyond,” Manivannan added.

This type of visa is offered to people who are described as a “leader or potential leader” in academia or research, arts and culture, or digital technology. Such a visa lasts for five years but can be renewed repeatedly, with each extension lasting up to another five years.

The granting of such visas is far from certain, however, though party co-leader Gillian Mackay believes it “unlikely” the application will be rejected. She added the party will do “anything we can do to support Q” throughout the process.

In the meantime, Manivannan is due to be sworn in – alongside all other MSPs – on Thursday, and has pledged to be a “voice for all my constituents, including migrants and people on visas who are often shut out of our national debate”.